Kalyan Dwarkadas Kulkarni v. Ajay Dinanath Padgaonkar And ANR And Anil Padgaonkar (Applicant)

914-CST114-16.DOC ATUL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION CHAMBER SUMMONS NO. 114 OF 2016 IN TESTAMENTARY SUIT NO. 88 OF 2012 IN TESTAMENTARY PETITION NO.

Kalyan Dwarkadas Kulkarni ...Plaintiff

Versus

Ajay Dinanath Padgaonkar & Another ...Defendants And Anil Padgaonkar ...Applicant Mr. Nikhil Jayakar, i/b Pratik Thakkar, for the Plaintiff.

Mr. Shashank Fadia, for Defendant No. 1.

Mr. Nikhil Rajani, i/b M/s. V. Deshpande & Co., for Defendant No. 2. CORAM: G.S. PATEL, J DATED:

13th October 2016 PC:- 1.

This Chamber Summons can now be disposed of. It was kept pending only because the address of the other legal heir, Aparna Ajay Padgaonkar, was previously not known. This address has been ascertained. The necessary amendment can, therefore, be carried out as previously allowed. Time for carrying out the amendment is extended till 24th October 2016.

13th October 2016

914-CST114-16.DOC 2.

It is clarified that the amendments in the Petition are to reflect the current correct addresses and not the one shown in the Schedule.

3.

The Chamber Summons is disposed of in these terms with no order as to costs.

4.

The 2nd Defendant was allowed to file a Written Statement by an order dated 22nd July 2014, since he was impleaded at a late stage in the proceedings after the Petitioner had already been renumbered as a Suit. The Written Statement is slightly delayed. The delay is condoned. The 2nd Defendant's Written Statement shall be filed in the Registry. A copy has been served on the Advocates for the Plaintiff. Both sides confirm that no further issues are required to be framed.

5.

All concerned to act on an authenticated copy of this order. (G. S. PATEL, J.) 13th October 2016